This brief chapter discusses the Hague Convention in general terms and compares it to the Brussels Convention. The chapter notes that Article 3 provides information about where a person can be sued and Article 12 discusses instances of “local action,” where an issue can only be deal with in a particular place. The current draft of the Hague Convention does not indicate whether patent infringement cases will be tried under regular rules or only by the local courts. Finally, the Convention does not mention conflicts of law and is different than the Brussels Convention in that “it does not permit game playing with respect to forum shopping through the use of declaratory judgments.”
GW Paper Series
GWU Legal Studies Research Paper No. 2013-22; GWU Law School Public Law Research Paper No. 2013-22
Martin J. Adelman, Commentary: The Hague Draft Convention on Jurisdiction: An Introduction to the Intellectual Property Issues, 6 Int'l Intell. L. & Pol'Y (2001).